2. Seafarers’ contracts of employment

Seafarers in UK ships are employed under various kinds of written and oral contract, the main types of which are:

• A crew agreement. This is the basic written contract of employment for all seafarers other than those exempted by the Merchant Shipping Act (MSA);

• A company service contract (CSC). This is supplemented by a crew agreement when the seafarer is signed on. Dismissal occurs when the CSC is terminated, not on discharge from the crew agreement.

• A master’s contract. The master’s contract terms may be contained in his letter of appointment, in company standing orders, in oral or written instructions from superintendents, managers, etc.;

• A training agreement for cadets and Class 4/5 trainees. The training agreement is a fixed term contract giving entitlement to the same protection against unfair dismissal as other seafarers get. A special feature of these contracts is that where the fixed period exceeds one year, a statement may be included saying that the failure to offer further employment at the end of the fixed term will not give rise to a remedy for unfair dismissal.

3. Dismissal

EPCA provides that an employer may dismiss an employee if:

• the employer has a valid reason for doing so; and

• the employer acted reasonably in treating that reason as a sufficient reason for dismissing the employee.

Under the EPCA dismissal can occur in four ways:

1. When the contract under which the employee is employed is terminated by the employer, with or without notice. In the case of seafarers this is modified in three ways. Dismissal of a seafarer occurs:

• When there is no company service contract, when the seafarer is signed off the crew agreement;

• Where there is a company service contract, when notice is given in accordance with the terms of that contract; or

• Where there is a company service contract, when that contract is terminated without notice by the employer after a case of gross misconduct by the seafarer/

2. When the employee’s fixed-term contract expires without being renewed.

3. When the employee has reason to resign because of certain conduct by the employer (constructive dismissal).

Words and expressions to be remembered

Entitlement – право

Remedy – возмещение

Dismissal – увольнение

Redundancy rights – права во время безработицы

Grievance procedure – процедуры разрешения трудовых споров

Gross misconduct – злостно неправомерное поведение

Company standing orders – правила процедуры компании

Remuneration - вознаграждение, оплата, компенсация

2. Fill in the application form

Application form Personal Information

Readiness	Rank		English level		Expected salary
Surname		Name		Father’s name
Date of Birth	Place of Birth
Next of kin	Marital status		Children under 18 yrs, D.O.B.
Address					ZIP code
Next of kin address			Home phone Mobile phone
Nationality
Seaman’s passport No.			Issued		Valid
Civil passport No.			Issued		Valid
Ukrainian passport No.			Issued
Education			Graduation date